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1988-0182180L NO 39-01 AN ORDINANCE APPROVING AMENDMENT NO DESIGN ENGINEERING SOURCES BETWEEN THE & VEATCH, AND PROVIDING FOR AN EFFECTIVE 1 TO AN AGREEMENT FOR CITY OF DENTON AND BLACK DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, Amendment No 1 to the Agreement for Design Engineering Sources between the City of Denton and Black & Veatch under the terms and conditions being contained in said agreement, which is attached hereto and made a part hereof SECTION II That this ordinance shall become etfective immediately upon its passage and approval PASSED AND APPROVED this the / day of , 1988 RAY S E ENS, AYOR ATTEST k✓ , JENNIF R WALTERS, CITY SECR^TARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY )C~~ Qd -ILI ADD 76201 3023 No 2180L THE STATE OF TEXAS S COUNTY OF DENTON t 76201 3023 Jan 14.88 17 23 P 05 AMENDMENT NO. 1 TO AGREEMENT FOR DESIGN ENGINEERING SOURCES BETWEEN THE CITY OF DENTON, TEXAS AND BLACK 4 VEATCH, ENGINEERS-ARCHITECTS DATED JULY 181 1984 WHEREAS, on July 18, 1964 the City of Denton, hereinafter called Owner, and Black 6 Veatch, Engineers-Architects, herein- after called Engineer, entered into an agreement for the perfor- mance of professional engineering services in connection with the Lewisville Dam Hydroelectric Projects and WHEREAS, due to certain factors beyond the control of either party, the design of said Hydroelectric Project has been delayed) and WHEREAS, the Engineer has requested additional compensation as a result of said delays and the City has agreed to such additional compensation, provided certain other amendments to the agreement are approved, NOW, THEREFORE W I T N E S S E T H ARTICLE I. Pursuant to Article 18.0 (integration and modification) of that certain Agreement entered into by and between the Owner and Engineer on the 18th day of July, 1984, Engineer and Owner hereby agree A. That Art 6 5 of said Agreement is hereby amended so that it shall hereafter be and read as follows. 6 5 Employee Claims Engineer agrees to indemnify owner against legal liability for damages which is the result of claims by Engineer's employees. U. That Art 6 6 of said Agreement is hereby amended so that it shall hereafter be and read as follows 6.6 Limitations Of Liability. Engineer shall have no liability for special or consequential damages including, but not limited to, loss of equipment use, loss of profits, cost of capital, cost of replacement power, or similar damages C. That Art. 6.8 of said Agreement is hereby amended so that it shall hereafter be and read as follows. 6.6 Other Project Participants. Engineer agrees to incorporate indemnities similar to this Article 6 0 ADN 76201 3023 No 76201 3023 Tan 14.88 17 24 P 06 into contractual participants in the Owner in order to interests, arrangements with other Project documents it prepares on behalf of protect the 'OWner's and Engineer's D That Attachment 2.0 (compensation) of said agreement is hereby amended so that it shall hereafter be and read as follows ATTACHMENT 2.0 COMPENSATION Owner shall pay to the Engineer for the performance of the Services the sum of the following amounts (1) The amount of 1.85 times payroll costs for the actual time of office personnel applied to the bervices. (2) An amount equal to the actual out-of-pocket cost or standard charges for all expenses incurred by Engineer directly chargeable to the services rendered pursuant to this Agreement Such expenses shall specifically include, but are not necessarily limited to, the following (a) Long distance telephone expenses. (b) Standard charges for operating time actually applied to the Services of Engineer's computer center, other computer centers, and Engineer's automated drafting systems (c) Prints, reproductions, word processing, and printed documents at standard rates. (d) Actual costs of reasonable traveling and living expenses for personnel. (e) The actual coat paid by the Engineer to third parties (f) Other direct expenses related to the Services An escalation rate of not more than five (5e) percent per year will be applied to salary costs for services performed subsequent to December 31, 1984. Payroll costs include actual salary plus allowances for holidays, vacation, sick leave, FICA and unemployment PAGE 2 RDN 76201 3023 No 76201 3023 Jan 14.88 17 24 P 07 taxes, worker's compensation insurance, and employee benefits including medical insurance, supplemental retirement programs, life insurdnce, incentive compen- sation, tuition reimbursements, and other miscellaneous benefits. Payroll allowance, exclusive of holidays, shall be fixed for the term of this Agreement at twenty-nine (299) percent of the hourly salary rate Hourly salary rates shall be equal to the monthly salary divided by the number of regularly scheduled working hours during he engineer's fiscal months thus, the allowance for holidays is provided in the hourly salary rate. The Engineer's fiscal month is from the 27th day of each month through the 26th day of the succeeding month. Engineer will submit to owner monthly invoices for services performed. Each invoice will be submitted by about the fifteenth day of the month following the month during which such Services were performed. Owner agrees to pay Engineer's monthly invoice within thirty (30) days after the invoice date and to pay Engineer a carrying charge of one (18) percent per month (twelve (12%) percent per year) or the maximum rate allowed by law, if less, on all amounts remaining unpaid after sixty (60) days following an invoice date. Owner has the right to audit the time records and salaries of personnel and charges for direct expenses for assignments for which cost-plus compensation is provided. Engineer agrees that the total amount payable by Owner for the services shall not exceed Three Hundrec Ninety-three Thousand Six Hundred Forty-nine Dollars ($393,649) for Design Engineering and Resident Engineering and Engineering Completion Services without prior written approval from the owner An escalation rate of 4 8 percent for salaries in 1986, 4 5 percent for 1987 and 4.5 percent for 1988 is hereby approved. Any further annual salary adjustments shall not exceed 5 percent per year. ARTICLE II. In all other respects, the terms and conditions of the Agreement, as executed by the parties on the 18th day of July, 1984 remain in full force and effect. PAGE 3 RDN 76201 3023 No 76201 3023 3an 14,88 17,25 P 08 Executed this ll~Qay of , 1988. CITY OF DENTONt TEXAS BY: r`°' aJ RAY 8 7 LENS, MAYOR ATTEST: JErNNIFBR WALTERS 6ECR TARP APPROVED AS TO LEGAL FORM• DEBRA ADAMI DRAYOVITCHt CITY ATTOMY C BY J BLACK 6 VEATCH ENGINEERS-ARCHITECTS BY 6~~ < TITLE ^4oW~r OW vurr A